[2025:JHHC:10459] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.817 of 2025 ------ Kuma Devi, aged about 47 years, Wife of- Nityanand Yadav and Daughter of – Shambhu Choudhary, presently resident of Karnpura, P.O. & P.S.- Bengabad & District- Giridih (Jharkhand) and Earlier residing at village- Thari, P.O.- Chamra Bahiyar, P.S.- Jaramundi, District- Dumka … Petitioner Versus The State of Jharkhand … Opposite Party ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Rishabh Kaushal, Advocate For the State : Mr. Ajay Kr. Pathak, Addl.P.P. ------ Order No:-02 Dated:-04-04-2025 Heard the parties. 2. This criminal miscellaneous petition has been filed by the petitioner under Section 528 of the B.N.S., 2023 with a prayer for modification of the order dated 04.12.2019 passed in A.B.A. No.6004 of 2019 with respect to the amount of Rs.13,50,0034/- to be deposited by the petitioner, as undertaken by her, with the Deputy Commissioner, Giridih; to be waived and the extension of time to the petitioner to surrender before the learned court below; in connection with Bengabad P.S. Case No.71 of 2019, be allowed. 3. The brief facts of the case is that the petitioner is an accused of Bengabad P.S. Case No.71 of 2019. The allegation against her is that she has committed offences of cheating, criminal breach of trust and also forgery, by submitting forged certificate, in spite of knowing pretty well that the examination on the basis of which such certificate was issued, has been annulled by the Bihar School Examination Board and fraudulently got herself employed as Assistant Teacher and defrauded the State Government to the tune of Rs. 13,50,0034/- by way of salary. On 04.12.2019 at the time of hearing of in A.B.A. No.6004 of 2019, the petitioner expressed her readiness and willingness to deposit the said amount of Rs. 1,35,00,034/- with the Deputy Commissioner, Giridih without prejudice to her defence in the case; subject to final decision of the case and consequent upon that the petitioner was given the privileges of anticipatory bail, with the condition of showing proof of deposit of Rs.13,50,0034/- with the Deputy Commissioner, Giridih. 4. The petitioner approached the Hon’ble Supreme Court of India against the said order passed by this Court in Special Leave Petition (Criminal) Diary No (s).21042/2020 and vide order dated 16.10.2020, the Hon’ble Supreme Court of India ordered that there is no reason to interfere with the said order of this Court dated 04.12.2019 passed in A.B.A. No.6004 of 2019 and the Hon’ble Supreme Court of India gave liberty to the petitioner, to approach this Court seeking clarification of the order i.e. the order dated 04.12.2019 passed in A.B.A. No.6004 of 2019 within six weeks from 16.10.2020 and interim protection was granted to the petitioner from 16.10.2020. 5. 5. The petitioner did not file any petition within six weeks as granted by the Hon’ble Supreme Court of India in the said Special Leave Petition nor surrendered before the learned trial court even though six weeks’ interim protection granted by the Hon’ble Supreme Court of India expired since long and remained at large and only after more than four years on 30.01.2025 filed this petition. 6. Learned counsel for the petitioner submits that the prayer, as prayed for, in the instant Cr.M.P., be allowed. 7. Learned Addl.P.P. appearing for the State vehemently opposes the prayer of the petitioner and submits that the petitioner has no respect for law and has been absconding for over four years and she has not approached this Court within the time stipulated by the Hon’ble Supreme Court of India; in the said order dated 16.10.2020 passed in Special Leave Petition (Criminal) Diary No (s).21042/2020. Hence, there is no justifiable reason to interfere with the said order dated 04.12.2019 passed in A.B.A. No.6004 of 2019. It is lastly submitted that this Criminal Miscellaneous Petition, being without any merit, be dismissed. 8. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, this Court is of the considered view that the time period for the petitioner to surrender before the learned trial court in terms of the said order dated 04.12.2019 passed in A.B.A. No.6004 of 2019 has expired since more than four years. Though the Hon’ble Supreme Court of India vide order dated 16.10.2020 directed the petitioner to file a petition seeking clarification within six weeks from the order dated 16.10.2020 but the petitioner, without any explanation, has absconded and did not approach this Court for more than four years. There is no justifiable reason as to why for more than four years she has been absconding. Admittedly, the said order to deposit Rs. 1,35,00,034/- with the Deputy Commissioner, Giridih was made upon the petitioner voluntarily showing her readiness and willingness for depositing the same. There is no change in circumstances, to modify the said order passed by this court. Hence, this Court is of the considered view that keeping in view the conduct of the petitioner, there is no justifiable reason for this Court to interfere with its own order dated 04.12.2019 passed in A.B.A. No.6004 of 2019. 9. Accordingly, this petition, being without any merit is dismissed. 10. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) AFR-Animesh/